과징금부과처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are those running gas stations (hereinafter “D”) with the trade name “D” in Gwangju Northern-gu, and E is those operating a gas station with the trade name “H” located in Gwangju North-gu, the business entity of which is registered as “H” (hereinafter “H”).
B. On May 16, 2019, Plaintiff A and E were indicted as the charge of violating the Petroleum and Petroleum Substitute Fuel Business Act for selling light oil as fuel for a vehicle, and were sentenced to the following criminal facts at the Gwangju District Court on May 16, 2019, Plaintiff A for six months of suspension of execution, and Plaintiff A for eight months of imprisonment with prison labor, respectively (Seoul District Court 2018 High Court 2018 High Court 2602), and Plaintiff A for this reason is still pending in the appellate trial after appeal as the Gwangju District Court 2019No1238.
No petroleum retailer shall sell petroleum, such as oil, as fuel for a vehicle.
Plaintiff
A is a person operating the D gas station in Gwangju Northern-gu C, and E is a person who has substantially operated the H gas station in Gwangju Northern-gu, and the Defendants conspired to sell the fuel of a vehicle via low price for profit. After the Plaintiff offered expenses to purchase the gas, project site, card terminal, etc. to purchase the gas, and once the Plaintiff recruited a driver who will own the oil on the vehicle, he would be aware of a small amount of oil in the D gas station as if he had a normal liquor, and then move the vehicle to the J parking lot in Gwangju North-gu I to cause damage to the gas station, or damage the gas station by having the Plaintiff and D employees, and the main contents are to enter them in the oil transaction account book kept in the D office and settle the price thereafter.
Accordingly, around February 27, 2017, the Defendants conspired to sell 336 dump trucks, such as L-owned dump trucks, using K oil moving oil vehicle at the above J parking lot from around February 27, 2017, and from that time until November 25, 2017, total 112.